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RESOLUTION AFFIRMING THE PLANNING COMMISSION’S DECISION TO APPROVE AN INTERIM USE PERMIT FOR AN OUTDOOR LIVING SITE AT 1533 W ARROWHEAD ROAD.
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CITY PROPOSAL:
RESOLVED, that the city council finds as follows:
(a) That on March 7, 2025, Vineyard Christian Fellowship (“Applicant”) submitted an application (PLIUP-2503-0016) for an interim use permit for an outdoor living site at 1533 W Arrowhead Rd; and
(b) Based on the findings and conclusions in the planning department staff report (Attachment 8), staff recommended approval of an interim use permit, expiring one year following city approval, and subject to the requirement to limit, construct, and maintain the site subject to the criteria in Section 50-20.1.I of the Duluth City Code (“Code”) and the plans attached to the staff report, and several additional terms and conditions summarized in the staff report findings and conclusions, including those relating to operational hours and timeframes, sleeping areas, occupancy, emergency shelter, supervision, signage, screening, and vegetation; and
(c) Pursuant to Section 50-37.10 of the Code, as amended, such petition was duly referred to the city planning commission and such commission gave due notice of public hearing and did consider the same in a public hearing at a May 13, 2025, regular meeting; and
(d) The city planning commission, at a Tuesday, May 13, 2025, regular meeting, approved the interim use permit; and
(e) On May 21, 2025, the city received an appeal of the planning commission’s decision to approve the interim use permit from several residents, identified in Attachment 2, and a copy of the letter requesting this appeal and summarizing appellants’ opposition to the planning commission’s approval is attached as Attachment 1; and
(f) On May 23, 2025, the planning department notified the Applicant that Section 50-37.1(O)(4)(c) of the Code requires all work, activities, and operations authorized under the interim use permit to stop pending resolution of this appeal; and
(g) Following standard protocol, the city clerk scheduled the appeal for a special hearing before the city council on June 5, 2025, and the city clerk provided notice of the hearing to Appellants and the Applicant; and
(h) The city council heard the appeal at its June 5, 2025, special meeting; and
(i) Based on the entirety of the administrative record, the city council finds that the application meets all applicable use specific standards in Section 50-20.1.I of the Code, described in relevant part below, to operate an interim outdoor living site:
a. Use Condition 1: The council finds the site will not be located within any shoreland, wetland, or floodplain and may not result in removal of significant trees;
b. Use Condition 2: The council finds this condition does not apply because the primary use of the Applicant’s property is not required to maintain a minimum number of off-street parking spaces;
c. Use Condition 3: The council finds the site does not have sloped areas that require erosion control measures;
d. Use Condition 4: The planning commission staff report includes a finding that only vehicles, but not tents or other sleeping facilities, will be permitted at the site, and the council adopts this finding, subject to the clarification that tents, tarps, or similar items that are attached to vehicles may be used by occupants for sleeping and must be removed during waking hours, and finds further that these uses are consistent with vehicle parking and not subject to the setback requirements for tents, sleeping areas, and other temporary structures;
e. Use Condition 5: The council finds that the Applicant’s proposed combination of an existing rock berm that is over 6’ tall and temporary screening system with an opaque mesh/fabric barrier, which the Land Use Supervisor found to meet the requirements for opacity in Chapter 50, Article 6 of the Code, provide sufficient screening along lot lines shared with residential uses and satisfy the dense urban screening requirements and finds that no current residential use exists on vacant Parcel ID 010-3500-0010 and therefore no screening is required along lot lines shared with this parcel;
f. Use Conditions 6 and 7: The council finds the Applicant’s agent, CHUM, has agreed to provide the onsite staff, signage, and points of contact required for the site, and that Applicant has provided the satisfactory evidence of liability insurance;
g. Use Condition 8; The council adopts the findings in the staff report and the conditions in the attached site plan, which provide for sufficient potable water, toilets, sharps containers, and waste and recycling receptacles;
h. Use Condition 9: The council adopts the findings in the staff report and attachments and concludes the City has consulted with the Fire Marshall and confirmed availability of an improved path to the nearest public street;
i. Use Condition 10: The City Council adopts the findings in the staff report and attached plans, which confirm that CHUM has agreed to enforce quiet hours from 10:00 p.m. to 6:00 a.m.;
j. Use Condition 11, 12, 13, and 14: The council adopts the findings and conclusions in the staff report and attached plans, which indicate that no new exterior lighting will be provided to serve this use, require children under 18 to be accompanied by a parent or guardian, provide adequate plans and staffing for sanitation and waste removal, and state the interim use permit for the site shall terminate one year from the date of issuance;
FURTHER RESOLVED, that the decision of the planning commission to approve the Interim Use Permit for an Outdoor Living Site at 1533 W Arrowhead Road is affirmed, the planning commission’s May 13, 2025, findings and conclusions-except where inconsistent with the findings and conclusions herein-are hereby adopted, and the application is hereby approved with the following grounds:
(a) The application is consistent with Chapter 50 of the Code and satisfies the requirements for an interim outdoor living site under Section 50-20.1.I of the Code
(b) The application is consistent with the comprehensive plan;
(c) The application will allow reasonable use of the land; and
(d) The application does not negatively impact the health, safety, or welfare of the citizens of Duluth.
FURTHER RESOLVED, that the application is hereby approved with the following conditions:
1) The project be limited to, constructed, and maintained according to the information submitted with the application and all criteria in UDC Section 50-20.1.I.
2) This Interim Use Permit has a duration of one year and shall expire one year from the date of approval; however, the site will only be open from May - October.
3) Before operation commences, the applicant will ensure that the operator’s name, telephone number, and e-mail address are posted on the site and easily visible to the public and will provide a photo of this signage on the site to the Land Use Supervisor.
4) Any alterations to the approved plans that do not alter major elements of the plan may be approved by the Land Use Supervisor without further Planning Commission; however, no such administrative approval shall constitute a variance from the provisions of UDC Chapter 50.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution affirms the Planning commission’s decision to approve the interim use permit for an outdoor living site at 1533 W Arrowhead Rd that meets the use specific standards in Section 50-20.1.I. Appellants identified in Attachment 2, filed an appeal on May 16, 2025.
Planning commission held a public hearing for the request on May 13, 2025. The Duluth city planning commission voted 8 yeas and 0 nays to approve the interim use permit.
City Council Appeal Received: May 21, 2025
Complete Application Received: March 7, 2025
Action Deadline for Application: July 5, 2025